Teaneck,NJ Mom sells cakes from home. Is that Illegal?

On Fox5 News today at 5:00 there is a lady in teaneck, NJ selling cakes from her home at 40.00. she has 100 orders to still do. She is selling to save her home from forclosure. Isn't it illegal to sell cakes from home?

I'm going back a few years, but I believe that with proper inspections and licensing you can. I do know that there cannot be ANY pets of any kind whatsoever in the home; otherwise you have to have a kitchen that is completely separate from the home (as in a separate building).

She is selling and baking in her kitchen. It is almost IMPOSSIBLE to sell in NJ from your home. If you go online check out Fox5 News and see if it is there, it was just on TV today. It doesn't appear like she did any kind of cert or licsenses. It appears she just thought of it overnight. Baking from home in Newe Jersey is really really hard.. close to impossible.

Me too. If I were desperate I would do it too. Especially now with this economy.....you cannot even find a job. I wish her luck. I hope she doesn't get in any trouble and makes all the money she needs to get out of her unfortunate situaton. Kuddos to her!

Unfortunately, if it aired on TV and she is not licensed the HD will be on her soon. I can empathize with her, she is just trying to survive but I doubt they will exempt her.

They shouldn't have aired it on TV like that. It's probably going to bite her later. Maybe some benevolent soul will help her out with a kitchen so she can keep selling. I hope the HD doesn't fine her...

Regarding the legality of her particular situation, unless the article states, it'd be difficult to say whether or not what she's doing is wrong. Well, I do indeed give her credit though, because that's certainly a LOT of work from a home kitchen. I wonder what her timeline is for delivering them? Anyway, I hope she's not doing anything to put her further in jeopardy, and that her bake sale is a success! I'd probably buy one if I could get there!

Yes, totally illegal in NJ and being on the news is not going to help her stay "under wraps". You admire the spirit, but if they decide to fine her, she'll lose a good chunk of the profits she's been working for. Maybe the publicity will get someone to help her out though. Stranger things have happened.....

I can think of two situations I know of personally of people who were selling food out of their homes without licensing, they had stories about their businesses on the news and in the paper, and both were busted by the HD right afterward. I hope that the news station runs a follow-up about how she got shut down and fined after their story aired, so that people will want to help her out.

Indiana story: A little girl (10? 11 years old?) was in a newspaper story about her little cake business. Her work was pretty good for a kid. Unfortunately, she had a price list. Story got to the HD and they shut her down. (The story then became how the "big bad HD" shut down a little girl. However, what the HD said is true: The law doesn't say unless you're a cute little girl, then it's ok. If it's wrong for one, it's wrong for all.

In NJ it is 100% completely ILLEGAL to sell any food product made in a home kitchen (the only exceptions are for charity fundraisers, school bake sales, etc--and in those cases it's more of a don't ask, don't tell policy on that. And since she is not a school, charity or non-profit org, this would n fall under that umbrella). The ONLY way to have a "home" bakery in NJ is to have a COMPLETELY separate kitchen that is not accessible from inside the residence (a basement or attached garage cannot be used if they are accessible from inside the home), and it must be completely up to commercial code (proper flooring, triple sinks, commercial appliances, grease trap, etc, etc).

Is this really a home business though? I mean essentially she is taking donations to save her home. In return she is offering these people a cake she baked. I can't believe they shut down a little girl! I agree that fair for one, fair for all but man, are they gonna shut down little kids lemonade stands too. So, really I know nothing...did she (the litttle girl) get shut down only because she had a price list and that made it a business?

Is this really a home business though? I mean essentially she is taking donations to save her home. In return she is offering these people a cake she baked. I can't believe they shut down a little girl! I agree that fair for one, fair for all but man, are they gonna shut down little kids lemonade stands too. So, really I know nothing...did she (the litttle girl) get shut down only because she had a price list and that made it a business?

She exchanging a product for monetary compensation--that's a business. I'm not an unfeeling grinch: I know exactly how this woman feels (I DID lose my home to foreclosure, so I know the desperation), but it doesn't mean you can do whatever you want to help yourself. Even if she is taking "donations," there is a limit to how much you take accept from another person before it is considered income and there are tax implications. Besides, she had a goal to sell 100 cakes to make this month's mortgage payment--what's her plan for next month? Because the bank will want money then too! If she plans on continuing to do this, to pay her bills, well, that sounds exactly like a business to me!

Lord...why be a busy body and make comments on the legalities in that article? Good grief...karma.

I have to agree. If this were someone that was a well known member of this site that posted here about losing their house I'm sure the legalities wouldn't even be part of the topic. I'm sure there would be post after post of "oh so sorry"...."good luck"....."whatever kissing up thing I could say"

Maybe she doesn't know it's illegal, maybe she is just grasping at straws trying to do what anyone would do. I wish she could ship a cake because I would surely buy one from her.

Lord...why be a busy body and make comments on the legalities in that article? Good grief...karma.

I have to agree. If this were someone that was a well known member of this site that posted here about losing their house I'm sure the legalities wouldn't even be part of the topic. I'm sure there would be post after post of "oh so sorry"...."good luck"....."whatever kissing up thing I could say"

Maybe she doesn't know it's illegal, maybe she is just grasping at straws trying to do what anyone would do. I wish she could ship a cake because I would surely buy one from her.

Who's commenting on the legalities? Someone asked if it's legal, the answer is no. The OP's question didn't have anything to do with who's a well-known member of CC.

I think it stinks that people who are trying to help themselves get caught up in this when the news gets involved, and I hope that she gets help for her house. However, if she's breaking the law and publicizes it, then they're going to stop her. LIke I said before, I hope the news station that did this to her is ready to follow up when she does get busted because of their "helpful" coverage.

maryjsgirl, just to clarify, my comments were purely out of concern for the lady that's baking from her home. Years ago you could bake from your home if the kitchen and your home met all state regulations. I was hoping that would be the case for her; but PinkZiab has kindly provided information to the otherwise.

Oh, and I believe in karma, too. But I really don't feel that anyone here meant any ill will towards this lady and what she's doing. I just thought the OP was posting a simple question on the legality of a home kitchen in NJ in light of what she was setting out to do. Also, I personally used to know someone in NJ who got busted for illegally baking from her home, and the penalties were not worth it. So of course putting something like this on the news is going to set up red flags somewhere, and possibly result in a discussion here.

And who knows? Maybe all of this is a blessing in disguise. Maybe someone has already alerted her about it, so she WON'T move forward with this endeavor and get into any trouble. I do, however, sincerely hope that she can come up with the funds to save her home. I feel bad for her and her children.

I really think this is an awful situation to be in and I know it's a big problem right now all through North America it breaks my heart everytime I hear it.....However I am with dkelly on this one, I read the article that a pp added the link for....

"The stiflingly hot kitchen was filled with cake ingredients in every stage of production: chopped apples in the mixer, Saigon cinnamon and organic sugar on the counter, four cake pans in the oven, an assembled cake waiting for frosting on the table."

I can't afford Organic sugar, Saigon Cinnamon??! I just I dunno, call me a skeptic, but when I am pinching to make my payments.....which is always....I'm not buying organic sugar!

I feel for her truly, I hope they can save there house, but if you remove the rose coloured glasses.....something isn't so pretty anymore

The article posted on page one is an interesting read... she has a HUGE mortgage. If you look at the comments below (in the article printed by the newspaper,) the issues regarding legalities of baking from her home have already been brought up. I feel in the end, the public will come to her rescue since she was rather "outed" by the press... I'm willing to bet she will be provided a kitchen and all that she need to get started if she chooses to go through with making this legit should she be fined by the HD.

I wonder if she was 'outed by the press', or if she called them in for some free publicity. I'm pretty sure she wouldn't have all these orders piling up if she was relying on word-of-mouth. I'm sure that would have been a good move if there wasn't the legality issue...

I really wonder what the profit margin is on these cakes? Premium ingredients = $$$. I feel very sorry for this family, but I can't see this ending well.

In NJ it is 100% completely ILLEGAL to sell any food product made in a home kitchen (the only exceptions are for charity fundraisers, school bake sales, etc--and in those cases it's more of a don't ask, don't tell policy on that. And since she is not a school, charity or non-profit org, this would n fall under that umbrella). The ONLY way to have a "home" bakery in NJ is to have a COMPLETELY separate kitchen that is not accessible from inside the residence (a basement or attached garage cannot be used if they are accessible from inside the home), and it must be completely up to commercial code (proper flooring, triple sinks, commercial appliances, grease trap, etc, etc).